NOV-2008-DV-0412 Ver 1_Notice of Violation_20081208

?F W ATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
_ -..i Coleen H. Sullins, Director
p Y Division of Water Quality
December 8, 2008
CERTIFIED MAIL #7007 2680 0001 8696 4819 CERTIFIED MAIL #7007 2680 0001 8696 4802
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Glover Materials, Inc. Glover Materials, Inc.
Attn: Ed Martin Attn: John M. Glover
PO Box 40
Pleasant Hill, NC 27866
Subject:
Dear Sirs:
4493 US 301 Hwy
Pleasant Hill, NC 27866
NOTICE VIOLATION
NOV-2008-DV-0412
36.54382 N, -77.33036 W
Rogers Quarter Pit
Northampton County
• Wetland Standard Violation
Failure to Secure a 401 WQC
Discharge without at Permit / Failure to Secure a
NCG020000 - Stormwater General Permit
On October 29, 2008 N.C. Division of Water Quality (DWQ) personnel Lauren
Witherspoon from the Raleigh Regional Office conducted a site inspection at the Roger
Quarters Sand and Gravel Pit located off of NC 186 in Northampton County, North
Carolina. The site is in the Cypress Creek watershed, Class C NSW waters, in the
Roanoke River Basin.
Accordingly, the following observations were noted during the file review and site visit:
Approximately 0.10 acre of wetland area was impacted in the southwestern portion of the
site along NC 186 due to the placement of earthen fill and a pipe.
On November 21, 2008, the Division of Land Resources (DLR) Land Quality Section
(LQS) issued a Notice of Violation for violating the Mining Act of 1971 by operating a
mine without a permit as required by North Carolina General Statute (NCGS) 74-46.
During the October 29, 2008, site visit DWQ staff observed mine water discharging to
waters of the State. A file review and discussions with Division of Land Resources
(DLR) confirmed that this facility is a mine, it is in operation and it does not have a
proper DLR approved mining permit. Further, stormwater/process waters that are
Noe Carolina
Aawra!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
Rogers Quarter Pit
December 8, 2008
dewatered from mining operations are required to be permitted by the Division of Water
Quality. Specifically, there is a requirement for DLR approved (permitted) mine sites to
submit a Notice of Intent application, application fee, and respectively secure coverage
under a general stormwater permit for mines (NCG020000). A subsequent DWQ file
review confirmed that this facility is in operation without a DWQ issued discharge
permit.
As a result of the site inspection and file review, the following violations, described
below, are noted:
1. Wetlands Standards
II. Failure to Secure a 401 Water Quality Certification
III. Discharging without a permit - Failure to Secure a NCG020000 -
Stormwater General Permit
Item I. Wetlands Standard Violation
The placement of earthen fill and a pipe in wetland represents a violation of 15A NCAC
02B .0231 (b) which states that:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
may cause adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse impacts
on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Item II. Failure to Secure a 401 Water Quality Certification
The file review confirmed that a Pre-construction Notification has not been received by
the Division of Water Quality for this project and that a 401 Water Quality Certification
has not been issued. A Pre-Construction Notification submitted to DWQ is required prior
to the above-mentioned impacts pursuant to 15A NCAC 2H.0500.
Item III. Discharging Without a Permit - Failure to Secure a NCG020000 -
Stormwater General Permit
The above mentioned discharge and failure to have properly secured a mining permit
prior to discharge constitutes the following violation of North Carolina General Statute:
NCGS 143-215.1 (a) Activities for Which Permits Required. - No person shall do any of
the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in
the permit:
(1) make any outlet to the waters of the State.
Page 3
Rogers Quarter Pit
December 8, 2008
Site visits and a DLR file review confirmed that a mining permit has not been applied for
or secured for the mining operations on your property. In addition, the NPDES General
Permit NCG020000 has not been secured in accordance with the provision of North
Carolina General Statute 143-215 (a) (1). This General Permit is applicable to point
source discharge outfalls associated with mining and quarrying of nonmetallic minerals
(except fuels), land disturbance, and vehicle maintenance; mine dewatering wastewater
discharge outfalls; wastewater discharge outfalls from sand and/or gravel operations;
nondischarging closed loop recycle systems; and process recycle wastewater discharge
outfalls. To be covered under this General Permit one must register with the Division of
Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI
shall be submitted and a certificate of coverage issued prior to any discharge of
stormwater associated with industrial activity, mine dewatering or process wastewater
that has a point source discharge to the surface waters of the state.
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are
encouraged to secure a consultant to assist you with your response necessary to achieve
compliance.
Please explain when the mine became active and how long the mine has been in
operation.
2. Please clearly explain why appropriate 401 Water Quality Certification and a 404
Permit were not secured.
3. Please provide a map that exactly details all of the wetlands and streams on the
tract and the areas of wetlands that were impacted.
4. The USGS topographic map depicts a stream in the same location that the mine
now occupies. Please provide information showing that a stream was not
impacted when excavating the mine.
Wetland Restoration Plan - Please submit a Restoration Plan to this office for
review and approval. This plan must detail how the earthen fill material placed in
wetlands (including the pipe) will be removed and how it will be restored. This
information must be clearly depicted on a map that you provide as a part of this
response. If you wish for these impacts to remain in place you must contact the
USACE to determine what type of permit you should apply for and apply for the
corresponding 401 WQC application.
6. Please explain in your response when you are going to apply for DLR's mining
permit and DWQ's the stormwater general permit (NCG020000). Depending on
the final size and location of the mine you may need to submit an Operations and
Monitoring plan for DWQ approval due to the close proximity of wetlands on the
western boundary of the property.
7. Please note that if you obtain a General Mining Permit (NCG020000) from DWQ
then you shall not cause or contribute to violations of Water Quality Standards.
Page 4
Rogers Quarter Pit
December 8, 2008
Discharges allowed by this permit must meet applicable wetland standards as
outlined in 15A NCAAC 2B .0230 and .0231 and water quality certification
requirements as outlined in 15A NCAC 2H.0500.
Submit Requested Items To:
Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations
are subject to a civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact Lauren
Witherspoon at [phone].
Pin rely,
1-7 ?
Danny Smi
Raleigh Regional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
Cyndi Karoly - 401 Wetlands Unit
RRO - Water Quality Files
Thad Valentine - DLR RRO